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Data Breach

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In Anderson v. Kimpton Hotel & Rest. Grp., LLC, No. 19-cv-01860-MMC, 2019 U.S. Dist. LEXIS 133869, at *13-14 (N.D. Cal. Aug. 8, 2019), Judge Chesney dismissed a data breach claim under California's data breach statute, Civil Code 1798.81.5.  The facts were as follows: In their complaint, plaintiffs [*2]  allege "Kimpton uses an online reservation system that facilitates the booking of hotel… Read More

In re Brinker Data Incident Litig., No. 3:18-cv-686-J-32MCR, 2019 U.S. Dist. LEXIS 128573 (M.D. Fla. Aug. 1, 2019), Judge Corrigan allowed a data-breach class action to proceed.  Hackers accessed Brinker's data network and installed malware on point-of-sale ("POS") systems at many Chili's restaurants, which Brinker owns, develops, operates, and franchises.  Brinker publicly announced the breach on May 12, 2018, stating: ”On May… Read More

In AFGE v. OPM (In re United States OPM Data Sec. Breach Litig.), Nos. 17-5217, 17-5232, 2019 U.S. App. LEXIS 18609 (D.C. Cir. June 21, 2019), the Court of Appeals for the DC Circuit held that ID theft victims represented by their Union had article III standing.  The facts are rather dramatic. As its name suggests, the U.S. Office of… Read More

In Razuki v. Caliber Home Loans, Inc., Case No. 17-CV-1718-LAB (WVG), 2018 WL 6018361 (S.D. Cal. Nov. 15, 2018), Judge Burns showed the difficulty that an identity theft victim has in seeking to make a claim arising out of a data breach, dismissing the Plaintiff’s claims with prejudice.  As to the negligence claim, the Court found an absence of appreciable harm.… Read More